Chương 1 Luật Quốc phòng 2005: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Law provides for national defense policies, principles and basic contents of defense activities; activities of the people's armed forces; tasks and powers of agencies and organizations, rights and obligations of citizens with respect to national defense.

Article 2.- Subjects of application

1. This Law applies to Vietnamese agencies, organizations and citizens.

2. Foreign organizations, individuals that operate or reside in the territory of the Socialist Republic of Vietnam shall have to abide by the relevant provisions of Vietnamese law on national defense.

Article 3.- Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. National defense means the cause of defending the country with the integrated strength of the entire nation, of which the military strength is typical and the people's armed forces act as the core.

2. The entire-people defense means the country's defense strength built on the foundation of human resources, material resources and spirit of all the people in a comprehensive, independent, sovereign and self-reliant manner.

3. Defense potential means the capability in terms of human resources, material resources and finance, which can be mobilized for the performance of defense tasks.

4. Defensive areas mean areas organized in terms of defense and security according to the administrative boundaries of provinces, centrally-run cities, rural districts, urban districts, provincial capitals or towns, which lie within the common defensive system of the whole country for the performance of defense tasks to protect the Fatherland.

5. The state of war means a special social status of the country, which is declared in the period from the time the country is invaded to the time such act of invasion is de facto terminated.

6. General mobilization means the measure to mobilize all resources of the country against aggressive wars.

7. Local mobilization means the measure to mobilize all resources of one or a number of localities for defense tasks.

8. The defense emergency state means a social status of the country when facing the danger of direct invasion or when an armed invasion or a riot has occurred, but not to the extent of declaration of the state of war.

9. Placing under martial law means a definite special state management measure performed by the army.

10. Curfew means a measure to prohibit people and vehicles from travelling and operating at certain hours in certain areas, excluding cases permitted under regulations of the persons competent to organize the realization of a curfew order.

Article 4.- Defense policies

1. The Socialist Republic of Vietnam State consolidates and strengthens national defense to construct and firmly defend the Fatherland.

2. The Socialist Republic of Vietnam State exercises its sovereignty over its territorial integrity covering its land, islands, archipelagoes, sea regions, subsoil and airspace; employ legitimate and appropriate measures to prevent, repel and frustrate all schemes and actions of aggression in any form.

3. The Socialist Republic of Vietnam State follows defense external policies in line with its foreign policies of independence, sovereignty, open door, multilateralization and diversification of international relations, being willing to be friends and reliable partners of all countries in the international community, striving for peace, independence and development against wars in any form; expands defense cooperation with neighboring countries and other countries in the world on the principles of respect for each other's independence, sovereignty and territorial integrity, non-intervention in each other's internal affairs, equality, mutual benefit for peace, in accordance with Vietnamese law and relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

4. The Socialist Republic of Vietnam State acknowledges the merits of, and worthily commends, organizations and individuals that have recorded splendid achievements in the cause of consolidating and strengthening national defense and defending the Fatherland.

All ploys and actions against the independence, soforeignty and territorial integrity of the Fatherland, against the cause of building and defending the socialist Vietnamese Fatherland shall be severely punished in accordance with law.

Article 5.- Principles for defense activities

1. To comply with the Constitution and laws of the Socialist Republic of Vietnam; be placed under the leadership of the Communist Party of Vietnam, the unified management of the State.

2. To mobilize the integrated strength of the entire nation and the whole political system, in which the people's armed forces act as the core.

3. To closely combine socio-economic development with enhancement of defense; enhancement of defense with socio-economic development.

4. To build the entire-people defense and the entire-people defense posture in association with the people's security posture.

5. To combine defense activities with security activities and external activities.

Article 6.- Rights and obligations of citizens with respect to national defense

1. Defending the Fatherland is the sacred obligation and noble right of citizens.

2. Citizens must be loyal to the Fatherland, fulfill their military obligations, shall be educated in national defense and militarily drilled; join the militia, self-defense or civil defense forces; strictly abide by the measures of the State and competent persons when the country is in the state of war or the defense emergency state according to the provisions of this Law and other relevant provisions of law.

3. Citizens serving in the people's armed forces or being mobilized for the performance of tasks in the state of war or the defense emergency state, if being wounded, damaged in health or losing their lives, shall together with their families enjoy the regimes and policies prescribed by law.

Article 7.- Compulsory purchase, requisition of lawful assets of individuals, organizations for defense reasons

In case of extreme necessity for defense reasons, the State shall compulsorily purchase or requisition with compensation lawful assets of individuals and/or organizations at market prices.

The compulsory purchase and requisition shall comply with the provisions of law.

Article 8.- Contents of building the entire-people defense

1. Formulating a strategy for defending the Fatherland, plans on national defense; building comprehensively strong defense forces and potentials; building up the entire-people unity bloc and strenthening the political system.

2. Building the people's armed forces to act as the core, to be all-sidedly strong, to have high fighting capacity; building the People's Army and the People's Police into revolutionary, regular, elite and gradually modern ones.

3. Carrying out defense education in agencies, organizations and for citizens.

4. Investing in the construction of material and technical foundations for the entire-people defense; researching into and finalizing the Vietnamese military strategy and arts; developing the defense industry, military science and technology; mobilizing the scientific and technological potentials of the State and people in service of national defense and at the same time properly applying the achievements of military science and technology to national construction.

5. Preparing plans for defense mobilization and necessary conditions for realization of defense mobilizations in the state of war or the defense emergency state.

The contents of preparing defense mobilization plans shall be stipulated by the Government.

6. Building comprehensively strong defensive areas; enhancing defense and security potentials in key areas, ethnic minority, mountainous, border and island regions.

7. Formulating and implementing regimes and policies suitable to the conditions and nature of activities of the people's armed forces, policies towards families of persons serving in the people's armed forces.

8. Formulating and implementing civil defense plans and measures nationwide.

9. Performing the state management over defense, forming and perfecting the system of laws on defense of the Fatherland.

Article 9.- Building defensive areas

1. In provinces, centrally-run cities, rural districts, urban districts, provincial capitals and towns, defensive areas must be built within the national defensive system.

2. The contents of building defensive areas and the mechanism for the operation of defensive areas shall be stipulated by the Government.

Article 10.- Mobilizing the national economy for national defense

1. The National Assembly shall decide on guidelines and measures to mobilize the national economy for national defense.

2. The Government shall organize the preparation for and mobilization of material, financial, scientific and technological resources to create sources of national reserves in service of national defense.

3. The Ministry of Defense shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and Government-attached agencies in, drawing up plans on regular defense demands as well as defense demands in the first war year and during war time for submission to the Government for decision.

Article 11.- Combining socio-economic development with defense enhancement

1. The State shall work out plans and programs on combination of socio-economic development with defense enhancement in conformity with the socio-economic development strategy and the national defense strategy in each period.

2. The plannings and plans for socio-economic development of regions, provinces, centrally-run cities and key defense areas must be appraised jointly by the Ministry of Defense and competent bodies of the Government.

3. Agencies, organizations and individuals, when conducting production, business, investment activities as well as scientific and technological research and application, must comply with the State’s requirements on combining economic development with defense maintenance.

4. The Ministry of Defense shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, drawing up plans on capability and demand for combination of socio-economic development with defense enhancement in peace and war time for submission to the Government for decision; organize and build defense-economic areas assigned by the Government; organize and manage activities of defense service enterprises and army units assigned to carry out economic activities in combination with defense in conformity with the army's task requirements and in accordance with the provisions of law.